Texas 2019 - 86th Regular

Texas House Bill HB1020 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2585 AJZ-D
2	2	By: Moody H.B. No. 1020
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring certain law enforcement agencies to implement
8	8	a policy regarding cite and release for certain criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Code of Criminal Procedure, is
11	11	amended by adding Article 14.07 to read as follows:
12	12	Art. 14.07. CITE AND RELEASE POLICY. (a) In this article:
13	13	(1) "Institute" means the Bill Blackwood Law
14	14	Enforcement Management Institute of Texas located at Sam Houston
15	15	State University.
16	16	(2) "Law enforcement agency" means an agency of the
17	17	state, or of a county, municipality, or other political subdivision
18	18	of the state, that employs peace officers who make motor vehicle
19	19	stops or arrests in the routine performance of the officers'
20	20	official duties.
21	21	(b) The institute, in consultation with large, medium, and
22	22	small law enforcement agencies, including agencies that have
23	23	implemented written policies to issue citations under Article
24	24	14.06(b) or (c), the Office of Court Administration of the Texas
25	25	Judicial System, the Commission on Jail Standards, appropriate
26	26	organizations engaged in the development of law enforcement policy,
27	27	and nonprofit or community-based organizations with expertise in
28	28	issues related to criminal or juvenile justice, shall develop,
29	29	adopt, and disseminate to law enforcement agencies a model policy
30	30	and associated training materials regarding the issuance of
31	31	citations in lieu of arrest for misdemeanors as permitted by
32	32	Article 14.06(b) or (c). The institute shall provide a reasonable
33	33	period for public comment regarding the model policy and associated
34	34	training materials before adopting the policy and materials.
35	35	(c) The model policy developed under Subsection (b) must be
36	36	based on:
37	37	(1) credible academic and policy research on the
38	38	issuance of citations in lieu of arrest; and
39	39	(2) best practices used by law enforcement agencies in
40	40	this state and other states that have successfully:
41	41	(A) implemented a cite and release policy; and
42	42	(B) reduced arrests for misdemeanors for which a
43	43	peace officer has statutory authority to issue a citation in lieu of
44	44	arrest.
45	45	(d) The model policy developed under Subsection (b) must
46	46	include the following information:
47	47	(1) procedures for issuing a citation for misdemeanors
48	48	punishable by a fine only as described by Article 14.06(b) and for
49	49	issuing a citation for Class A and B misdemeanors as described by
50	50	Article 14.06(c);
51	51	(2) a list of any exceptional circumstances under
52	52	which an arrest is necessary for a misdemeanor otherwise eligible
53	53	for the issuance of a citation in lieu of arrest;
54	54	(3) a plan to monitor the implementation of the policy
55	55	and compliance with the policy, including collection of necessary
56	56	data;
57	57	(4) procedures for providing to a defendant, at the
58	58	time the citation is issued, information that will maximize the
59	59	likelihood of the defendant's appearance in court; and
60	60	(5) any other procedures or best practices supported
61	61	by credible research or commonly accepted by law enforcement
62	62	agencies for reducing arrests for misdemeanors for which a peace
63	63	officer has statutory authority to issue a citation in lieu of
64	64	arrest.
65	65	(e) The model policy developed under Subsection (b) must be
66	66	designed to achieve the following goals:
67	67	(1) reducing the number of people arrested and booked
68	68	into county and municipal jails for misdemeanors and avoiding the
69	69	unnecessary detention of people who are arrested for but not yet
70	70	convicted of a misdemeanor;
71	71	(2) maximizing law enforcement efficiency by
72	72	increasing the issuance of citations in lieu of arrest; and
73	73	(3) maximizing defendants' appearance rates in court
74	74	pursuant to a citation.
75	75	(f) Each law enforcement agency shall adopt, implement, and
76	76	as necessary amend a detailed written policy regarding the issuance
77	77	of citations in lieu of arrest for misdemeanors as permitted by
78	78	Article 14.06(b) or (c). The policy must meet the requirements
79	79	applicable to the model policy as described by Subsections (c),
80	80	(d), and (e). A law enforcement agency may adopt the model policy
81	81	adopted by the institute under Subsection (b).
82	82	(g) Not later than December 31 of each odd-numbered year,
83	83	the institute shall review the model policy and associated training
84	84	materials adopted under this article and modify the policy and
85	85	materials as appropriate.
86	86	(h) Not later than September 1 of each even-numbered year,
87	87	each law enforcement agency shall review its policy adopted under
88	88	this article and modify the policy as appropriate.
89	89	SECTION 2. (a) Not later than December 31, 2019, the Bill
90	90	Blackwood Law Enforcement Management Institute of Texas shall
91	91	develop, adopt, and disseminate the model policy and associated
92	92	training materials required under Article 14.07(b), Code of
93	93	Criminal Procedure, as added by this Act.
94	94	(b) Not later than May 1, 2020, each law enforcement agency
95	95	as defined by Article 14.07(a)(2), Code of Criminal Procedure, as
96	96	added by this Act, shall adopt a policy as required by Article
97	97	14.07(f), Code of Criminal Procedure, as added by this Act.
98	98	SECTION 3. This Act takes effect September 1, 2019.